As a memorial service next week for Jordan Neely is being organized, his
killer Daniel Penny awaits trial, where prosecutors will seek a grand
jury indictment on a charge of manslaughter.
On Friday, Penny was arrested less than 24 hours after Manhattan
prosecutors announced the charge of manslaughter, and then he was
released on bond.
The 24-year-old could face up to 15 years in prison for administering a
fatal chokehold on Neely, a 30-year-old Black man experiencing
homelessness, on May 1 after an altercation on board the subway.
In the days following Neely's death, New York police failed to release
substantial details about what happened on board the subway car leading
up to the chokehold, as well as what happened in the minutes leading up
to the arrival of police.
A medical examiner ruled Neely's death a homicide caused by depression
of the neck.
Lawyers for Penny, a white U.S. Marine Corps veteran, say he acted in
self-defense.
Bystanders on board the subway on May 1 have said Neely did not
physically assault anyone in the moments leading up to Penny grabbing
him from behind, lawyers say.
What charges is Daniel Penny facing?
Nearly two weeks after administering a fatal chokehold on Neely,
prosecutors announced Penny would be charged with second degree
manslaughter.
On Friday, lawyer Lennon Edwards said the Manhattan district attorney
"admitted" to him he could not recall a single other instance in the
past 25 years where a suspect in a death case was released from custody
after police secured a confession and video evidence, as in the case of
Penny.
"He should have been arrested on the spot," the day of the incident,
said Edwards, a lawyer for Neely's family.
On Friday, a judge authorized Penny’s release on $100,000 bond and
ordered him to surrender his passport and not to leave New York without
approval.
Edwards said the district attorney had told Neely's father this week to
expect a possible indictment in June.